Regalado was present at the court hearing Monday morning where the judge dismissed the motion from her lawsuit. Now, Regaldo’s lawyers will work to amend the lawsuit and reconvene on Wednesday for a final decision from the judge.

Mayor Giménez was not present at the hearing, but his attorney was fighting the complaint that Giménez submitted a check to the Miami-Dade Elections Department with the wrong date and then submitted a second check the day before the qualifying deadline.

“It’s very concerning that special attention was paid to the mayor’s check and that it was pulled out and not send to the bank,” Regalado said. “How far did the elections department go to the benefit of the mayor and what is the remedy for that?”

“We filed a motion to dismiss the claim completely because what she’s trying to do is rob the voters of a choice in this election,” said Gimenez’s attorney, Juan-Carlos Planas.